On Oct. 12, 2022, the Illinois Biometric Information Privacy Act (BIPA), a state law that restricts collection of biometric data, made headlines again when a Chicago jury rendered a $228 million judgment against BNSF Railway Co. in the first BIPA class action to go to trial. The case, Rogers v. BNSF Railway Co., relates to the collection of fingerprints of truck drivers entering a railyard. The award is a significant development because the jury found BNSF liable even though the company had hired a third party to install and manage the automatic gate system that used biometric data for security purposes. Specifically, the jury found BNSF responsible for compliance with BIPA and recklessly or intentionally violating the law more than 45,000 times-once for each member of the putative class.
Trends in Class-Action Litigation
External References & Further Reading
https://www.theclm.org/Magazine/articles/trends-in-class-action-litigation/2599
Related Historical Articles
| September 14, 2022 | Emerging Factors Forecast a Continued Rise in Insurance Litigation |
| January 19, 2022 | Swiss Re Charts $17B In Litigation Funding In 2021 |
| January 11, 2022 | Watch For These 4 Workers’ Comp Litigation Trends In 2022 |
| October 13, 2020 | Keys To Limiting Litigation Liability |



